Terms of Service for TypeFocus Careers ProgramThank you for using the TypeFocus Careers Program (TCP) created by TypeFocus Internet Inc. These Terms of Service (“TOS”) govern the use of TCP.
These TOS represent a contract between you and TypeFocus Internet Inc. If you do not agree to be bound by the TOS, you may not use TCP.
1. Your Account Information and Email
TCP provides personalized content and reports. We collect personal information from users of our website through the process of registration. This information is necessary to create your reports and support the program features that your career center professionals need.
YOU AGREE THAT USE OF TCP IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TYPEFOCUS INTERNET AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING TCP, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.
"Invoice" means the invoice Licensor faxes, mails or emails to the Subscriber that sets out the subscription fees negotiated between the Licensor and the Subscriber as well as any special conditions that apply to the subscription.
3. Limitation of Liability
IN NO EVENT SHALL TYPEFOCUS INTERNET OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO TCP FOR (I) LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF TCP; OR (II) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN TYPEFOCUS INTERNET AND YOU. YOU UNDERSTAND THAT TCP WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.
We comply with the provisions of the Digital Millennium Copyright Act applicable to service providers. If you have any complaints with respect to material posted on TCP, you may contact our designated agent by email to firstname.lastname@example.org or at the following address:
TypeFocus Internet, Inc.
ATTN: DMCA Complaint
2241 Lifton Place
Victoria BC, V8N 6B2 Canada
You must include the following information in your complaint:
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of the material that you claim is infringing and where it is located on TCP;
your mailing address, telephone number, and if available, email address;
a statement by you that you have a good faith belief that the use of the material on TCP is not authorized by the copyright owner, its agent, or the law; a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
You will indemnify and hold harmless TypeFocus Internet, its affiliates, clients, officers and/or employees, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to TCP, Your Content, or the violation of the TOS by you.
5. Agreement to Arbitrate
YOU AGREE THAT YOU AND TYPEFOCUS INTERNET WILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO TCP OR YOUR USE THEREOF, INCLUDING THESE TOS (collectively, “ARBITRAL CLAIMS”). The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration.
(a) Severability and Waiver. If any part of the TOS is held invalid or unenforceable, the remaining provisions of the TOS will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in the TOS is not a waiver of its right to do so later.
(b) Governing Law, Jurisdiction and Venue. The TOS are governed by British Columbia law without regard to conflict of law provisions.
(c) Miscellaneous. The TOS are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the TOS. If there is any conflict between the TOS and any additional terms, conditions, and rules posted by TypeFocus Internet on TCP, the TOS shall govern, unless otherwise indicated. Sections 2-6 shall survive any termination of the TOS.